1. What are the conditions for granting a patent?
1. What are the conditions for granting a patent? The conditions include: the applicant is qualified to apply; the invention or utility model is novel, creative, and practical; the application materials are complete, legal, and valid; and other conditions for granting a patent.
2. Legal basis: "Patent Law of the People's Republic of China"
Article 2: The inventions and creations mentioned in this Law refer to inventions, utility models and designs. Invention refers to a new technical solution proposed for a product, method or improvement thereof. Utility models refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the overall or partial shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.
Article 22: Inventions and utility models for which Patent rights are granted shall possess novelty, creativity and practicality.
Article 45: From the date when the patent administration department of the State Council announces the grant of a patent right, any unit or individual believes that the grant of the patent right is not in compliance with this Law. If there are relevant provisions, you may request the patent administration department of the State Council to declare the patent right invalid.
2. What are the procedures for granting patent rights?
Granting patent rights generally requires the following procedures: The applicant submits a File a patent application with the Office and submit application documents;The patent office shall accept the application and conduct preliminary examination and substantive examination (only for invention patents); if it is found after substantive examination that there is no reason for rejection, the patent right will be granted and a patent certificate will be issued. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.